Chong and Ha (No.2)

In *Chong and Ha (No.2)*, Judge Kemp of the Federal Circuit Court of Australia considered applications relating to costs following an earlier judgment that declared the parties were in a de facto relationship for over five years and made declarations regarding the husband's substantial contributions. The court also made orders concerning the transfer of property and the discharge of a mortgage. The husband subsequently filed an application seeking indemnity costs and alternative costs orders, while the wife also filed an application in a case.

The primary legal issue before the court was whether to grant the husband's application for costs, specifically on an indemnity basis, and to determine the quantum of those costs. The court also had to consider the wife's application, which was ultimately dismissed. The court was required to assess the conduct of the parties in relation to the proceedings and the costs applications to determine the appropriate cost orders.

Judge Kemp dismissed the wife's application. In relation to the husband's application for costs, the court noted that the wife had not made an application for costs within the specified timeframe following the initial judgment. The court found that the husband's application for costs was made in accordance with the original orders. The court ordered the wife to pay the husband's costs in the sum of $95,014.84 within three months. The husband's application for costs was otherwise dismissed, and the matter was removed from the active pending cases list.